Posted: 12/5/2002 7:20:33 PM EDT
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I have a question re the 3-day delay procedure. Q- Is it unlawful for a dealer to NOT sell you a firearm on the 4th(or 5th,6th ect ect)day after a delay? |
| A dealer does not have to sell to you if he thinks something is hinky with the purchase. The law says that he CAN proceed with the transfer but it doesn't say he has to. Wal-mart will not transfer a firearm after a 3 day delay if they don't get an approval from NICS. |
| I had this happen. I have an FFL. I was selling to a friend of a friend and got a "delay." Three days passed and no word from the FBI. I called them and they said they were waiting to hear from another jurisdiction. After a week the guy was getting anxious as turkey season was soon to open and he wanted to pattern it prior to its use. I called the FBI again and they said I could transfer the firearm, by law, but they did not yet have the info. needed to give a "proceed." I asked what they were waiting for. They said they could not tell me, but did indicate it was of a felony nature. I asked what would happen if I made the transfer and the info. subsequently came back as a "denied?" They said they would refer the matter to local law enforcement to have them "retrieve the firearm." I asked if that meant a so-called "dynamic entry." They said that was up to the local LEO's. I laid it out to the guy, he decided to wait rather than risk an error, while assuring me he had no felony record. After a few more days they called and said he was approved--the file came and it was someone else with the same name but a different Social Security Number. I highly recommend giving your SSN, as it protects you much more than it "helps" "them." It is optional, but highly helpful in protecting you from a mistaken identity-type of problem. |
| Love that one part of the law in IA; to wit, if you purchase a annual permit to purchase a pistol or revolver, that is the same as having an NICS check everytime you purchase. What I am saying is, buy the permit once a year for $10, and show it when you buy a gun. No wait and no hassle. |